A.
Any active member shall be retired from service upon
determination of the Board of Fire Officers that said member is physically
or mentally incapable of active service. Such determination shall
be made after an examination of the member by a medical doctor of
the Borough's choosing, the evaluation of the doctor's report and
all past medical records.
B.
The cost of the physical examination shall be assumed
by the Borough.
C.
All medical information shall be held strictly confidential.
A.
Any complaint against an active member based on alleged
physical or mental incapacity shall be in writing and shall specify
the factual basis of such allegations.
B.
The active member against whom allegations of physical
or mental incapacity are directed shall be notified of the hearing
by registered or certified mail, return receipt requested. The notice
shall be made at least 15 days prior to the date of such hearing and
shall contain a copy of the written complaint. Copies of all writings
to the member or to his/her representative shall be copied to the
Mayor and Council and Borough Administrator.
A.
The Board of Fire Officers shall hear all complaints regarding physical or mental incapacity of an active member, except as provided in § 36-49. The defendant shall have the right to appear either pro se or with counsel, in defense of the complaint against him/her.
B.
After hearing and determinations, the Board of Fire
Officers shall make its findings to the Borough Administrator and
the Mayor and Council.
A.
Temporary incapacity. Upon a finding by the Board
of Fire Officers of temporary incapacity of an active member, the
Board shall recommend either permanent retirement or temporary suspension.
A recommendation of temporary suspension shall be for a fixed period
of time at the conclusion of which an additional hearing shall be
held. At that time, a new determination and recommendation shall be
made by the Board. All actions taken by the Board whether temporary
or permanent will be forwarded to the Mayor and Council and Borough
Administrator.
B.
Permanent incapacity. Upon a finding by the Board
of Fire Officers of permanent incapacity of an active member, the
Board shall recommend permanent involuntary retirement of said member.
All actions taken by the Board whether temporary or permanent will
be forwarded to the Mayor and Council and Borough Administrator.
In the event that a complaint is made alleging
the incapacity of a Chief Officer, said complaint shall be heard and
determined by the Mayor and Council and the Borough Administrator
in accordance with the procedural requirements of this article.
